No. 27209 (Repeal): R277-512. Letters of Authorization

DAR File No.: 27209
Filed: 06/01/2004, 03:19
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed because the rule no longer reflects current state and/or federal law. Provisions and language consistent with state and/or federal law has been incorporated into other rules.

 

Summary of the rule or change:

This rule is repealed in its entirety.

 

State statutory or constitutional authorization for this rule:

Section 53A-1-401(3)

 

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to state budget. Language from this rule has been included in other licensing rules.

 

local governments:

There are no anticipated cost or savings to school districts. Language from this rule has been included in other licensing rules.

 

other persons:

There are no anticipated cost or savings to other persons. Language from this rule has been included in other licensing rules.

 

Compliance costs for affected persons:

There are no compliance costs for affected persons. The information still applies but is integrated into other licensing rules.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule, and I see no fiscal impact on businesses. Patrick Ogden, Interim State Superintendent of Public Instruction

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

 

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/15/2004

 

This rule may become effective on:

07/16/2004

 

Authorized by:

Carol Lear, Coordinator School Law and Legislation

 

 

RULE TEXT

R277. Education, Administration.

[R277-512. Letters of Authorization.

R277-512-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Basic Certificate" means the initial certificate issued by the Board which permits the holder to be employed as an educator in the public schools. To qualify for this certificate the person must have completed the requirements of a teacher training institution operating a program approved by the Board.

C. "Letter of Authorization" means authorization granted a school district by the Board to employ a teacher or administrator who does not hold a proper credential for the position for which the person is being employed. The Letter of Authorization substitutes for the required certificate for the time specified in the authorization.

 

R277-512-2. Authority and Purpose.

A. This rule is authorized under Section 53A-1-402(1), U.C.A. 1953, which permits the Board to make rules regarding the qualification of personnel providing direct student services and of ancillary personnel.

B. The purpose of this rule is to specify an exception to the certification requirements for employment as an educator in the public schools.

 

R277-512-3. Eligibility.

A. The person a district intends to employ under a Letter of Authorization must:

(1) hold a bachelor's degree and lack no more than nine quarter hours or six semester hours of credit required for the Basic Certificate; or

(2) provide an acceptable recommendation from a training institution indicating that the deficiency for graduation and recommendation for certification can be filled within one year.

B. Under extreme circumstances, which must be substantiated in writing by the employing school district, the time limit for completion of requirements for the degree or Basic Certificate may be extended by the Board beyond one year.

 

R277-512-4. Application for a Letter of Authorization; Termination of the Employment.

A. A school district may apply for a Letter of Authorization to employ a particular person to fill a specified position in the district after the supply of qualified, certificated teachers or administrators has been exhausted.

B. Application to the Utah State Office of Education may be made following August 1 for the coming school year. The application shall include a written commitment from the individual to be employed stating that full requirements for the degree and the Basic Certificate will be met within the time limit specified and a detailed plan outlining the program through which the requirements are to be completed.

C. It is the responsibility of the employing school district to make application for the Letter of Authorization within eight weeks of employing the individual. If the application is not approved, the person employed may not continue serving.

D. If a person employed under a Letter of Authorization leaves the district before the end of the school year, the district shall notify the State Superintendent of Public Instruction of the termination date and the name of the replacement.

 

R277-512-5. Penalty.

Districts not meeting the requirements of this rule shall be financially penalized through loss of state funds in an amount equal to the salary paid the individual for the time the individual was employed without authorization. Further, the Board shall determine whether the employing district is meeting the requirements of the minimum school program and whether state funds shall be withheld from that district.

 

KEY: professional competency, school personnel, teacher certification

1987

Notice of Continuation October 18, 2002

53A-1-402(1)]